I note you seek access to the following information:
A) Has the man in the efits been identified?
B) If yes, has he been positively ruled out as Madeleine's abductor? C) If no, is the Met Police still searching for him?
D) If no, is the Met Police still searching for someone else as the likely abductor?
E) The efits still appear on the McCanns' 'Find Madeleine' website despite the MPS 'no longer using them as part of its appeal'. Has the MPS advised the McCanns to remove these efits from their website? F) If yes, on what date please.
1. On what date, and by whom, were these two efits first drawn up?
2. On what date or dates did the private investigators release these two efits released and to whom?
3. On what date (if any) were these efits handed to Leicestershire Police?
4. On what date (if any) were these efits handed to the Portuguese Police?
5. On what date were these efits first supplied to Operation Grange and by whom?
6. On what date did Operation Grange first receive these two efits and from whom?
7. If the Metropolitan Police first received these efits before Operation Grange was set up, on what date were they received and by which department of the MPS were they received?
8. The recent MPS Freedom of Information Act reply refers specifically to the 'final' version of the private investigators' report.
Therefore, in the interests of clarity, and having regard
(a) to the public interest and
(b) assurances by both the McCanns and the Met Police that the investigations into Madeleine's disappearance would be conducted with maximum openness and transparency, please state:
(i) On what date was the 'final' private investigators' report compiled.
9. (ii) How many interim reports were there before the 'final report' and when was each of them compiled?
i) Does Operation Grange now agree that Dr Julian Totman was the man seen by Jane Tanner?
DECISION
Some data has been withheld as it is exempt from disclosure and therefore this response serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act).
REASON FOR DECISION
Section30(1)(a)(i)&(ii)-CriminalInvestigationandproceedings
Much of the information you have requested is held solely for the purpose of an investigation. The investigation in question, Operation Grange, is a live an ongoing investigation into the disappearance of a child - Madeleine McCann.
As you would expect the MPS will not disclose information that is directly linked to an ongoing investigation. Such a disclosure would be likely to have a prejudicial effect on the investigation.
Information on who has or has not been identified is highly sensitive as such data would clearly be of use to offenders.
At this point, I would like to explain that all FOI disclosures are published on our website as the information, once disclosed, is considered to be available to all members of the public. Furthermore once disclosure has been made it is unlikely that we would refuse the disclosure of subsequent requests of the same nature.
The Freedom of Information Act does not compel police forces into giving running commentaries on live investigations. This was recognised by the legislators and is reflected in the inclusion of the section 30 exemption.
The MPS must protect the integrity of our investigations and although we appreciate the public’s interest in this matter it is widely accepted that information relating specifically to an ongoing investigation will not be disclosed.
The argument in favour of non-disclosure is significant as ultimately it is not in the best interests of the public to disclose any information that could prejudice an ongoing investigation, assist offenders or increase the risk of further offences being committed.
Section 40(2)&(3)(a)(i) – Personal Information
Information that would identify or could assist with the identification of individuals is exempt from disclosure by virtue of Section 40(2) of the Act. In this instance you have asked for the following types of personal data: Names of individuals - for example you ask for the names of the individuals who drew up, supplied and received the efits.
Details of advice given to named individuals (the McCann family) Information on a sighting (personal information of two individuals named in part three of your request)
In order for the exemption provided under Section 40(2) to be engaged disclosure of the requested information must satisfy either the first or second condition as defined by subsections 3 and 4.
I have decided that the disclosure of this personal data would breach principle one of the Data Protection Act 1998 - fair and lawful processing. The MPS would not have a legitimate interest in making such a disclosure, nor would it be consistent with the reasonable expectations of the individuals this data relates to.
DISCLOSURE PART ONE
A) Has the man in the efits been identified?
Operation Grange is a live investigation, we do not comment on identification as this information is held for the purpose of the investigation and therefore falls within the section 30 exemption.
B) If yes, has he been positively ruled out as Madeleine's abductor?
C) If no, is the Met Police still searching for him?
D) If No, is the Met Police still searching for someone else as the likely abductor?
Please see the response to A), these "if yes" and "if no" questions cannot be answered as the information requested under A) is exempt.
E) The efits still appear on the McCanns' 'Find Madeleine' website despite the MPS 'no longer using them as part of its appeal'. Has the MPS advised the McCanns to remove these efits from their website?
Information that relates to living individuals is exempt from disclosure by virtue of section 40. The MPS will not disclose what has or has not been discussed with the McCann family.
F) If yes, on what date please.
Please see the response to E), this "if yes" question cannot be answered as the information requested under E) is exempt.
PART TWO
1. On what date and by whom, were these two efits first drawn up? The efits were drawn up on 04/09/08. The request "by whom" seeks access to personal data. This personal data is withheld under section 40 of the Act.
2. On what date or dates did the private investigators release these two efits released and to whom?
3. On what date (if any) were these efits handed to Leicestershire Police?
4. On what date (if any) were these efits handed to the Portuguese Police?
The MPS do not hold and information in respect of these matters. Please note this relates to the period before the efits were passed to the MPS.
5. On what date were these efits first supplied to Operation Grange and by whom?
The efits were supplied to Operation Grange on 24th October 2011. The request "by whom" seeks access to personal data. This personal data is withheld under section 40 of the Act.
6. On what date did Operation Grange first receive these two efits, and from whom?
The efits were received by Operation Grange on 24th October 2011. The request "from whom" seeks access to personal data. This personal data is withheld under section 40 of the Act.
7. If the Metropolitan Police first received these efits before Operation Grange was set up, on what date were they received and by whichdepartment of the MPS were they received?
The efits were not received by the MPS before Operation Grange was set up.
8. The recent MPS Freedom of Information Act reply refers specifically to the 'final' version of the private investigators' report. Therefore, in the interests of clarity, and having regard
(a) to the public interest and
(b) assurances by both the McCanns and the Met Police that the investigations into Madeleine's disappearance would be conducted with maximum openness and transparency, please state:
(i) On what date was the 'final' private investigators' report compiled. (ii) How many inerim reports were there before the 'final report' and when was each of them compiled?
The recent MPS Freedom of Information Act reply does not refers to the 'final' version of the private investigators' report. As such we cannot answer these questions.
PART THREE
i) Does Operation Grange now agree that Dr Julian Totman was the man seen by Jane Tanner?
Operation Grange is a live investigation, we do not comment on identification as this information is held for the purpose of the investigation and therefore falls within the section 30 exemption.
I would like to take this opportunity to thank you for your interest in the Metropolitan Police Service.
Information Rights Unit
